Proposed Rule2025-11711
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Fisheries of the Northeastern United States; 2025-2027 Atlantic Herring Fishery Specifications
Primary source
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Published
June 25, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes new 2025 harvest specifications and river herring and shad catch caps for the Atlantic herring fishery, and projects specifications and catch caps for 2026 and 2027, as recommended by the New England Fishery Management Council. This action also proposes to update the target rebuilding date for Atlantic herring. This action is necessary to respond to updated scientific information from a 2024 management track assessment and to achieve the goals and objectives of the Atlantic Herring Fishery Management Plan, including preventing overfishing, helping rebuild an overfished stock, and achieving optimum yield on a continuing basis.
Full Text
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<title>Federal Register, Volume 90 Issue 120 (Wednesday, June 25, 2025)</title>
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[Federal Register Volume 90, Number 120 (Wednesday, June 25, 2025)]
[Proposed Rules]
[Pages 26955-26961]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11711]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250623-0104]
RIN 0648-BN40
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Fisheries of the Northeastern United States; 2025-2027
Atlantic Herring Fishery Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed specifications, request for comments.
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SUMMARY: NMFS proposes new 2025 harvest specifications and river
herring and shad catch caps for the Atlantic herring fishery, and
projects specifications and catch caps for 2026 and 2027, as
recommended by the New England Fishery Management Council. This action
also proposes to update the target rebuilding date for Atlantic
herring. This action is necessary to respond to updated scientific
information from a 2024 management track assessment and to achieve the
goals and objectives of the Atlantic Herring Fishery Management Plan,
including preventing overfishing, helping rebuild an overfished stock,
and achieving optimum yield on a continuing basis.
DATES: Public comments must be received by July 10, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0049">https://www.regulations.gov/docket/NOAA-NMFS-2025-0049</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-0049 by
the following method:
<bullet<ls-thn-eq> Electronic Submission: Submit all electronic
public comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2025-0049 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.),
[[Page 26956]]
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. NMFS
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous).
Copies of the 2025-2027 herring specifications action, including
the Supplemental Information Report (SIR) and the Regulatory Impact
Review (RIR) prepared by the New England Fishery Management Council in
support of this action, are available from Dr. Cate O'Keefe, Executive
Director, New England Fishery Management Council, 50 Water Street, Mill
2, Newburyport, MA 01950. These documents are also accessible via the
internet at <a href="https://www.nefmc.org/management-plans/herring">https://www.nefmc.org/management-plans/herring</a> or <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy
Analyst, 978-281-9272.
SUPPLEMENTARY INFORMATION:
Background
NMFS and the New England Fishery Management Council manage the
Atlantic herring fishery pursuant to the Atlantic Herring Fishery
Management Plan (FMP). This action proposes to relieve a restriction by
increasing herring harvest limits for 2025-2027 up to almost 240
percent compared to the current 2025 herring harvest limits. In 2023,
the most recent year for which complete revenue data are available, the
herring fishery generated $5.61 million in revenue. This action
projects up to an additional $5.25 million in revenue available for
2026 and 2027 compared to revenue associated with the current 2025
harvest limits.
Regulations implementing the FMP appear at 50 CFR part 648, subpart
K. The regulations at Sec. 648.200 require the Council to recommend
herring specifications for NMFS' review and proposal in the Federal
Register, including: The overfishing limit (OFL); acceptable biological
catch (ABC); annual catch limit (ACL); optimum yield (OY); domestic
annual harvest (DAH); domestic annual processing (DAP); U.S. at-sea
processing (USAP); border transfer (BT); the sub-ACL for each
management area, including seasonal periods as allowed by Sec.
648.201(d) and modifications to sub-ACLs as allowed by Sec.
648.201(f); and the amount to be set aside for the research set aside
(RSA) (3 percent of the sub-ACL from any management area) for up to 3
years. These regulations also provide the Council with the discretion
to recommend river herring and shad catch caps as part of the
specifications.
Under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), NMFS is required to publish proposed rules for
comment after preliminarily determining whether they are consistent
with applicable law. Consistent with herring regulations guiding the
specifications process, NMFS reviews the Council's recommended
specifications and develops proposed specifications based on its
evaluation of the Council's recommendations. If the proposed
specifications differ from those recommended by the Council, NMFS
specifies the reasons for any differences. At this time, NMFS has
reviewed and concurs with the Council's recommended 2025-2027
specifications for the herring fishery. Therefore, this action proposes
and seeks comment on the Council's recommended herring specifications
and river herring and shad catch caps and whether they are consistent
with the FMP, the Magnuson-Stevens Act and its National Standards, and
other applicable law. NMFS will make a final determination on
specifications after considering public comment on the proposed
specifications and will publish its responses to public comment and
describe any differences from the Council's recommendations in its
announcement of final specifications.
Amendment 8 to the FMP (86 FR 1810; January 11, 2021) implemented
an ABC control rule for the herring fishery. The ABC control rule is a
formulaic approach for setting a harvest limit and is designed to
balance the goals and objectives of the FMP, including managing the
fishery at long-term sustainable levels and accounting for herring's
role as forage in the ecosystem. The ABC control rule states that when
biomass is at or above 50 percent of the biomass associated with
maximum sustainable yield (B<INF>MSY</INF>) or its proxy, ABC is the
catch associated with a maximum fishing mortality (F) of 80 percent of
F associated maximum sustainable yield (F<INF>MSY</INF>) or its proxy.
When biomass falls below 50 percent of B<INF>MSY</INF> or its proxy,
the allowable F declines linearly to zero at 10 percent of
B<INF>MSY</INF> or its proxy.
On October 2, 2020, NMFS determined the Atlantic herring stock was
overfished, but overfishing was not occurring. Framework 9 to the FMP
(87 FR 42962; July 19, 2022) established a 5-year rebuilding plan for
herring with an F consistent with the ABC control rule implemented in
Amendment 8. The rebuilding plan was expected to rebuild the stock by
2026; however, the rebuilding target date was extended from 5 years
(2026) to 7 years (2028) with implementation of the 2023-2025 herring
specifications (88 FR 17397; March 23, 2023).
A 2024 herring management track stock assessment (2024 stock
assessment) was completed in June 2024. According to the results of the
2024 stock assessment, the stock continues to be overfished with
overfishing not occurring. Retrospective pattern adjustments were
necessary because the model overestimated biomass and underestimated
mortality. The adjusted spawning stock biomass was estimated to be 26
percent (47,955 metric tons (mt)) of B<INF>MSY</INF> (186,367 mt) and
the adjusted F was estimated to be 58 percent (0.263) of the
overfishing threshold (F<INF>MSY</INF> equals 0.45). Compared to the
prior 2022 herring management track stock assessment, F<INF>MSY</INF>
is lower in the 2024 assessment than it was in the previous 2022
assessment (0.45 and 0.50, respectively) and projected biomass is much
lower in the 2024 assessment than it was in the 2022 assessment (47,955
mt and 79,231 mt, respectively). The 2024 stock assessment was unable
to explain a cause for the stock's historic and continued low
recruitment and projected that continued poor recruitment of herring
will likely result in a substantial decline in biomass.
Initial Specifications and 2025 In-Season Adjustment
At its September 2024 meeting, the Council reviewed the 2024 stock
assessment and OFL and ABC recommendations from its Scientific and
Statistical Committee (SSC). Short-term catch projections from the 2024
stock assessment indicated the need for an almost 90-percent reduction
from the previously projected 2025 ACL (23,961 mt) (88 FR 17397; March
23, 2023) to the new 2025 ACL (2,710 mt). The Council acknowledged that
herring harvest needed to be reduced to prevent overfishing and rebuild
the stock and, accordingly, recommended new, reduced specifications for
2025 and projected specifications for 2026-2027. Because river herring
and shad management is under consideration in Amendment 10 to the FMP,
the Council recommended maintaining the current river herring and shad
catch caps for 2025 and projected the current catch caps for 2026-2027.
Additionally, the Council requested NMFS use its in-season adjustment
authority described in the herring regulations at Sec. 648.200(e) to
reduce the 2025 specifications before the start of the fishing year on
January 1 to prevent catch from exceeding new, lower limits. NMFS
concurred with the Council's request to reduce herring
[[Page 26957]]
harvest to prevent overfishing and rebuild the stock and, therefore,
implemented the reduced 2025 specifications on December 19, 2024 (89 FR
103695).
Updated Specifications
Notably, the catch projections from the 2024 stock assessment which
indicated the need for a reduction from the previously projected 2025
specifications to the current, reduced 2025 specifications, were based
on the assumption that the 2024 ABC (23,409 mt) would be fully
harvested. However, in January 2025, preliminary 2024 herring catch
data became available indicating that the amount of herring harvested
in 2024 was much lower than what was assumed in the original
projections. Based on preliminary herring catch, NMFS estimated only 51
percent of the 2024 herring ACL (10,315 mt of 20,141 mt) was harvested.
At its January 2025 meeting, the Council considered the potential
impact of 2024 catch information on its prior recommendations for the
2025-2027 herring specifications. Updated catch projections suggest
that less catch in 2024 may allow for higher catch limits in 2025 and
beyond, while still achieving the FMP's goals of preventing overfishing
and rebuilding the stock. The Council also noted the upcoming March
peer review of the 2025 herring research track stock assessment (2025
stock assessment) may provide additional insights on the herring stock.
For these reasons, the Council requested the SSC to provide updated
herring OFL and ABC recommendations for 2025-2027 based on new
information, including the 2024 catch data, March peer review of the
2025 stock assessment, and a risk assessment prepared by the Council's
Herring Plan Development Team.
The SSC met on April 4, 2025, and recommended updated OFLs and ABCs
for 2025-2027 based on the updated catch projections using preliminary
2024 catch data. The SSC's OFL and ABC recommendations are consistent
with the best scientific information available and the herring ABC
control rule. During its discussion, the SSC noted uncertainty around
catch projection increases and that projected specifications for 2027
would likely be replaced following the currently scheduled 2026 stock
assessment. The SSC considered whether lower than expected catch in
2024 was due to herring availability and/or lower fishing effort.
Additionally, the SSC expressed concern that the fishery has not been
achieving its catch limits and highlighted potential negative
socioeconomic impacts of routinely increasing and decreasing catch
limits.
At its April 2025 meeting, the Council reviewed and adopted the
SSC's updated OFL and ABC recommendations for 2025 and projected limits
for 2026-2027, with one exception. In response to the uncertainty
around catch projection increases, especially in 2027, the Council
recommended that the projected 2027 OFL remain consistent with catch
projections, but that all other projected specification values for 2027
be held constant at 2026 levels. Similar to the Council's September
2024 recommendations, this approach uses the best information
available, while acknowledging the uncertainty around catch projection
increases.
Proposed Specifications
This action proposes new 2025 specifications and projected 2026-
2027 specifications for the herring fishery, as recommended by the
Council, intended to prevent overfishing, help rebuild an overfished
stock, and achieve OY on a continuing basis, consistent with the best
scientific information available. Pursuant to Sec. 648.200(a)(2), the
Council may annually review these specifications and recommend
adjustments if necessary. The current 2025 specifications and the
proposed 2025-2027 specifications are shown in table 1.
Table 1--Current and Proposed Herring Specifications
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Current (mt) Proposed (mt)
Specifications ---------------------------------------------------------------
2025 2025 2026 2027
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Overfishing Limit............................... 18,273 20,802 23,491 31,075
Acceptable Biological Catch..................... 6,741 8,587 13,165 13,165
Management Uncertainty.......................... 4,031 4,031 4,031 4,031
Annual Catch Limit/Optimum Yield................ 2,710 4,556 9,134 9,134
Domestic Annual Harvest......................... 2,710 4,556 9,134 9,134
Border Transfer................................. 0 0 0 0
Domestic Annual Processing...................... 2,710 4,556 9,134 9,134
US At-Sea Processing............................ 0 0 0 0
Area 1A Sub-ACL (28.9%)......................... 783 1,317 2,640 2,640
Area 1B Sub-ACL (4.3%).......................... 117 196 393 393
Area 2 Sub-ACL (27.8%).......................... 753 1,267 2,539 2,539
Area 3 Sub-ACL (39%)............................ 1,057 1,777 3,562 3,562
Fixed Gear Set-Aside............................ 30 30 30 30
Research Set-Aside.............................. 0% 0% 0% 0%
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If New Brunswick weir landings are less than 2,600 mt through October 1, then 1,000 mt will be subtracted from
the management uncertainty and reallocated to the Area 1A sub-ACL and the ACL.
OFL
Both the OFL and ABC are set based on the ABC control rule
established in Amendment 8 to the FMP. OFL is equal to catch resulting
from applying F<INF>MSY</INF> to a current estimate of stock size. This
action proposes increasing the current OFL by 14 percent for 2025.
ABC
ABC must be less than the OFL. Under the ABC control rule, the
target F that defines the ABC depends on the ratio of biomass to
B<INF>MSY</INF>. The larger or smaller the ratio, the larger or smaller
the target F and ABC. This action proposes increasing the current ABC
by 28 percent for 2025.
Management Uncertainty
The FMP states that sources of management uncertainty can include,
but are not limited to, herring landings in the New Brunswick weir
fishery and uncertainty around herring catch in
[[Page 26958]]
State waters and herring discard estimates in Federal waters. The
juvenile herring (i.e., ages 1 and 2) landed in the New Brunswick weir
fishery are thought to come from the Gulf of Maine (GOM) herring stock
complex. Since Framework Adjustment 6 to the FMP was implemented in
2020 (85 FR 26874; May 6, 2020), management uncertainty has been
calculated as the average annual landings in the New Brunswick weir
fishery over the most recent 10-year period. Recent herring stock
assessments have also used the most recent 10-year period to calculate
fixed gear herring harvest. Landings in the New Brunswick weir fishery
are highly variable, fluctuating with herring availability and fishing
effort. Using landings data from a 10-year period captures this
variability. Because State-only catch and herring discards are tracked
against catch limits and uncertainty around those estimates is low, the
Council did not recommend any additional management uncertainty
deductions. NMFS concurs. Therefore, this action proposes basing
management uncertainty (4,031 mt) on New Brunswick weir fishery
landings during the most recent 10 years (2014-2023).
Regulations at Sec. 648.201(h) state that if NMFS determines that
the New Brunswick weir fishery landed less than 2,722 mt through
October 1, NMFS will subtract 1,000 mt from management uncertainty and
reallocate that 1,000 mt to the ACL and Area 1A sub-ACL. The landings
threshold amount (i.e., currently 2,722 mt) for reallocation of a
portion of the management uncertainty varies based on the amount of
management uncertainty, and it has been calculated as 64.5 percent of
management uncertainty since 2016. The December 2024 in-season
adjustment that reduced the previously scheduled 2025 specifications to
the current 2025 specifications did not similarly reduce the landings
threshold amount. Therefore, this action proposes reducing the landings
threshold amount from 2,722 mt to 2,600 mt to maintain the landings
threshold amount at 64.5 percent of the amount of management
uncertainty (4,031 mt).
ACL and OY
The ACL is less than or equal to ABC and is set by reducing the ABC
by management uncertainty. As described previously, the Council
recommended a 4,031-mt management uncertainty deduction for herring
landed in the New Brunswick weir fishery. OY may not exceed OFL and may
be reduced by social, economic, or ecological factors. The Council did
not recommend any additional buffers for 2025-2027 and NMFS concurs, so
this action proposes setting OY equal to the ACL.
DAH, BT, and DAP
The FMP specifies that DAH will be set less than or equal to OY and
comprised of DAP and BT. DAH should reflect the actual and potential
harvesting capacity of the U.S. herring fleet. Fishery catch in 2021
and 2022 was the lowest (7,865 mt and 7,866 mt, respectively) in the
1965-2023 time series, with the last 3 years (2021-2023) of catch as
the lowest on record. Because the industry is capable of fully
harvesting the OY, this action proposes setting DAH equal to the OY.
BT is a processing allocation available to Canadian vessels and
dealers. The Magnuson-Stevens Act provides for the issuance of
transshipment permits. These permits allow Canadian vessels to bring
herring harvested from Area 1A to Canadian dealers for human
consumption processing. Because incentives are currently low to
transship herring to Canada for processing, BT been set at zero since
2021. Accordingly, this action proposes setting BT at zero.
DAP is the amount of herring that is processed domestically, as
well as herring that is sold for bait. DAP is calculated by subtracting
BT from DAH. Using this formula, this action proposes setting DAP equal
to DAH.
USAP
A portion of DAP may be specified for the at-sea processing of
herring in Federal waters. When determining the USAP specification, the
Council considers availability of shore-side processing, status of the
resource, and opportunities for vessels to participate in the herring
fishery. During 2007-2009, the Council maintained a USAP specification
of 20,000 mt (Management Areas \2/3\ only) based on information
received about a new at-sea processing vessel that intended to utilize
a substantial amount of the USAP specification. However, this operation
never materialized and, consequently, USAP has been set at zero since
2010. No new information supports revising this specification,
therefore, this action proposes setting USAP at zero.
Sub-ACLs
The herring stock complex is managed as a single stock, but it is
composed of inshore (GOM) and offshore (Georges Bank (GB)) stock
components. These stock components segregate during spawning and mix
during feeding and migration and herring management areas were
developed in recognition of these different stock components. Area 1 is
located in the GOM and is divided into an inshore section (Area 1A) and
an offshore section (Area 1B). Area 2 is located in the coastal waters
between Massachusetts and North Carolina, and Area 3 is on GB. The ACL
for herring is divided into four management area sub-ACLs to minimize
the risk of over-harvesting stock components while maximizing
opportunities for the fishery to achieve OY. The percentage of the ACL
allocated to each management area sub-ACL, (i.e., Area 1A = 28.9
percent, Area 1B = 4.3 percent, Area 2 = 27.8 percent, Area 3 = 39
percent) has remained constant since 2013. No new information supports
revising the sub-ACL percentages, therefore, this action proposes
maintaining the current management area sub-ACL percentages.
Herring regulations at Sec. 648.201(g) specify how to account for
herring catch that exceeds herring management area sub-ACLs.
Specifically, if NMFS determines that catch exceeded a herring sub-ACL
by 10 percent or less and the ACL was not exceeded, then NMFS shall not
deduct any amount of the overage from the applicable sub-ACL or ACL in
the fishing year following total catch determination. In 2023, NMFS
determined herring catch exceeded the Area 1A sub-ACL (4,345 mt) by 99
mt and exceeded the Area 3 sub-ACL (4,806 mt) by 314 mt, but total
catch (10,228 mt) did not exceed the ACL (13,287 mt). Because 2023
catch overages were less than 10 percent of the sub-ACLs and total
catch did not exceed the 2023 ACL, this action proposes no adjustments
to the 2025 sub-ACLs or ACL to account for catch overages in 2023. In
2024, based on preliminary data, NMFS determined there were no catch
overages in 2024, so this action proposes no adjustments to the 2026
sub-ACLs or ACL to account for catch overages in 2024.
Additionally, herring regulations at Sec. 648.201(g) specify that
unharvested catch in a herring management area in a fishing year (up to
10 percent of that area's sub-ACL) shall be carried over and added to
the sub-ACL for that herring management area for the fishing year
following the year when total catch is determined. Carryover is added
to the applicable management area sub-ACL, but it is not added to the
ACL. NMFS determined that catch levels were substantially lower than
allowed in herring management areas 1B and 2 in 2023 and in all
management areas during 2024. Thus, a percentage of unharvested catch
from 2023 and 2024 is eligible for carryover in 2025 and 2026,
respectively. From 2023, 54 mt for
[[Page 26959]]
Area 1B and 346 mt for Area 2 is eligible for carryover. From 2024,
based on preliminary catch data, 518 mt for Area 1A, 83 mt for Area 1B,
534 mt for Area 2, and 748 mt for Area 3 is eligible for carryover.
Based on these data, carryover has the potential to increase 2025 and
2026 sub-ACLs up to an additional 20 percent. In an effort to better
support the FMP's conservation and management objectives, the Council
recommended that no unharvested catch should be carried over and added
to any management area sub-ACL for 2025 and 2026, and NMFS concurs.
Therefore, this action proposes no adjustments to the 2025 and 2026
sub-ACLs to account for unharvested catch in 2023 or 2024,
respectively.
Fixed Gear Set-Aside
Herring regulations (Sec. 648.201(f)) specify that up to 500 mt of
the Area 1A sub-ACL shall be allocated for the fixed gear fisheries in
Area 1A (weirs and stop seines) that occur west of 67[deg]16.8 W long.
(Cutler, Maine). This set-aside shall be available for harvest by the
fixed gear within the specified area until November 1 of each year; any
portion of the allocation that is unused after November 1 will be
restored to the Area 1A sub-ACL. In recent years, the fixed gear set-
aside has been proportionally reduced relative to the Area 1A sub-ACL,
but it has been maintained at 30 mt since 2020 to recognize the
historical importance of the Maine fishery. No new information supports
revising the fixed gear set-aside; therefore, this action proposes
setting the fixed gear set-aside at 30 mt.
RSA
Herring regulations (Sec. 648.200(a)) allow for up to 3 percent of
management area sub-ACL to be set-aside to fund research. During 2019-
2021, the herring RSA for each management area was set to 3 percent of
each area's sub-ACL. Any unallocated or unused RSA is re-allocated to
the sub-ACL and made available to the fleet before the end of the
fishing year in accordance with the Administrative Procedure Act (APA),
provided that the RSA can be available for harvest before the end of
the fishing year for which the RSA is specified. However, with recent
sub-ACL reductions, it has been difficult to harvest RSA, and the
Council determined it was more beneficial to have that allocation
applied directly to the herring fishery while catch limits are so low.
Therefore, RSA has been set at zero since 2022. No new information
supports revising RSA; therefore, this action proposes setting RSA at
zero.
Status of Rebuilding Plan
As described previously, Framework 9 established a rebuilding plan
for herring that became effective in August 2022. The rebuilding plan
was expected to rebuild the stock by 2026, however, the target
rebuilding date was extended from 5 years (2026) to 7 years (2028) with
implementation of the 2023-2025 herring specifications. Projections
from 2024 stock assessment indicate the herring stock is no longer
likely to rebuild by 2028, but it could rebuild by 2031. Therefore,
this action proposes revising the target rebuilding date for herring to
2031 to reflect the results of the 2024 stock assessment. This updated
target rebuilding date falls within the 10-year rebuilding period
required under the Magnuson-Stevens Act.
Proposed River Herring and Shad Catch Caps
Herring regulations (Sec. 648.200(b)(6)) provide for river herring
and shad catch caps by gear and area. The current catch caps were
originally set in the 2016-2018 specifications (FR 81 75731; November
1, 2016) and have been maintained since. In the absence of a
biologically-based method to determine catch cap values, catch cap
values were set based on river herring and shad catch during a
``reference period'' before catch caps were adopted (2008-2014). Catch
is tracked against river herring and shad catch caps on trips landing
more than 6,600 pounds (lb; 3,000 kilogram (kg)) of Atlantic herring.
Once a catch cap is reached, the possession limit for herring vessels
using that gear type and fishing in that area (or the corresponding
catch cap closure area) is reduced to 2,000 lb (907 kg) of Atlantic
herring for the remainder of the fishing year. Catch caps are intended
to provide an incentive for the herring fleet to continue to reduce
river herring and shad catch, while allowing the fleet to fully harvest
the Atlantic herring OY. Because river herring and shad management is
under consideration in Amendment 10 to the FMP, this action proposes
maintaining the current river herring and shad catch caps for 2025 and
projects the current catch caps for 2026-2027 (see table 2).
Table 2--Current and Proposed River Herring and Shad Catch Caps
----------------------------------------------------------------------------------------------------------------
Catch cap 2025 (mt) 2026 (mt) 2027 (mt)
----------------------------------------------------------------------------------------------------------------
Gulf of Maine Midwater Trawl.................................... 76.7 76.7 76.7
Cape Cod Midwater Trawl......................................... 32.4 32.4 32.4
Southern New England Midwater Trawl............................. 129.6 129.6 129.6
Southern New England Bottom Trawl............................... 122.3 122.3 122.3
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Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. In a previous action taken pursuant to section
304(b), the regulations at 50 CFR 648.200 authorize NMFS to take this
action under Magnuson-Stevens Act section 305(d). The NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the Atlantic Herring FMP, National Standards and other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
Section 304(b) of the Magnuson-Stevens Act (16 U.S.C. 1854(b))
requires publication of proposed regulations in the Federal Register
with a public comment period of 15 to 60 days. A 15-day comment period
for this action provides a reasonable opportunity for public
participation in this action pursuant to APA section 553(c) (5 U.S.C.
553(c)), while also helping to ensure that the final specifications are
effective prior to the start of the summer fishery in July 2025. This
is a routine specifications action that occurs every 2 years and are
subject to ongoing Council review and public comment. Fishing industry
members and stakeholders regularly participate in developing
specifications actions, and they participated in public meetings to
develop this action over the past year. Additionally, the action
proposes to relieve a restriction by increasing 2025-2027 catch limits
compared to current 2025 catch limits. A longer comment period would be
contrary to the public interest, as it could further extend this
proposed rulemaking into 2025,
[[Page 26960]]
potentially hindering the fishing industry's ability to fully harvest
the higher OY in 2025.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an Executive Order 14192 regulatory
action because this proposed rule is not significant under Executive
Order 12866.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the RFA (RFA). The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, and
the legal basis for this proposed action are contained at the beginning
of this section in the preamble and in the SUMMARY section of the
preamble. A summary of the analysis follows. A copy of this analysis is
available from the Council (see ADDRESSES).
Description of the Reasons Why Action by the Agency Is Being Considered
and Statement of the Objectives of, and Legal Basis for, the Proposed
Rule
This action proposes 2025-2027 specifications for the Atlantic
herring fishery. A complete description of the reasons why this action
is being considered, and the objectives of and legal basis for this
action, are contained in the preamble to this proposed rule and are not
repeated here.
Description and Estimate of Number of Small Entities to Which This
Proposed Rule Would Apply
The directly-regulated entities are the firms that currently hold
at least one Atlantic herring permit (i.e., Categories A, B, C, D, or
E). The RFA recognizes three kinds of small entities: Small businesses;
small organizations; and small governmental jurisdictions. A small
entity is classified as a finfish firm if more than half of the firm's
gross receipts are derived from finfish with receipts of up to $20.5
million of gross revenues annually. Herring-permitted vessels may hold
permits for several fisheries, harvesting species of fish that are
regulated by several different fishery management plans, even beyond
those affected by the proposed action. Furthermore, multiple permitted
vessels and/or permits may be owned by entities with various personal
and business affiliations.
Table 3--Number and Characterization of Directly-Regulated Entities and Average Revenue From 2019-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average gross Average herring
Size Type Firms Vessels receipts receipts
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small........................................... Fishing........................... 739 1,174 $831,00 $7,000
Small........................................... For Hire.......................... 138 178 215,000 0
Large........................................... Fishing........................... 10 135 19,094,000 98,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: NMFS.
Table 3 indicates there are many small firms with herring permits,
but that revenue from herring is only a small percentage of their total
revenue. This may be because these firms only hold a Category D open
access permit with a low herring possession limit (6,600 lb (3,000 kg))
or that these firms are not active in the herring fishery. The herring
fishery has had historically low ACLs since 2018. Some firms have
stopped participating in the fishery, but continue to hold herring
permits to preserve the option to fish.
Table 4--Number and Characterization of Directly-Regulated, Small Entities Active in the Atlantic Herring Fishery and Average Revenue From 2019-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average gross Average herring
Size Type Firms Vessels receipts receipts
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small........................................... Fishing........................... 29 61 $1,510,000 $171,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: NMFS.
Table 4 describes a subset of the directly-regulated, small
entities that hold a Limited Access Permit (i.e., Categories A, B, C)
or an Open Access Areas \2/3\ Permit (i.e., Category E) and
participated in the herring fishery between 2019 and 2023. The small
firms identified in table 4 are the firms most likely to be affected by
the proposed action. Because there are fewer than three directly-
regulated, large entities, data confidentiality requirements prevent
those data from being included.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action contains no new collection-of-information, reporting,
or recordkeeping requirements.
Federal Rules Which May Duplicate, Overlap, or Conflict With the
Proposed Rule
This action does not duplicate, overlap, or conflict with any other
Federal rules.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statues and Which
Minimize Any Significant Economic Impact on Small Entities
For the 2025-2027 herring specifications, the proposed action would
relieve a restriction by allowing higher catch limits than would
maintaining the current ACL. The current 2025 ACL (2,710 mt) is the
lowest ACL on record for the herring fishery. In comparison, the
proposed ACL for 2025 (4,556 mt) is 68 percent
[[Page 26961]]
higher than the current ACL and the projected ACLs for 2026-2027 (9,134
mt) are 237 percent higher than the current ACL. There is no
significant alternative to the proposed action to accomplish the
objectives of applicable statutes and minimize any significant economic
impact on small entities.
Table 5--Projected Landings, Prices, and Revenue Under the Proposed Action for 2025-2027
----------------------------------------------------------------------------------------------------------------
Revenue **
--------------------------------------
Year Landings (mt) Price * Amount of increase
Proposed ACL compared to current
ACL
----------------------------------------------------------------------------------------------------------------
2025..................................... 4,556 $862 $3,925,000 $1,560,000
2026..................................... 9,134 834 7,618,000 5,253,000
2027..................................... 9,134 834 7,618,000 5,253,000
----------------------------------------------------------------------------------------------------------------
* Price is based on real 2023 U.S. dollars per mt.
** Revenue is based on real 2023 U.S. dollars.
Source: NMFS.
In general, table 5 projects increased landings and revenue under
the proposed action compared to the current 2025 ACL. The increase in
landings results in modestly lower herring prices. As described
previously, it is likely that the projected 2027 specifications would
be replaced following the 2026 stock assessment.
Despite proposed increases to the ACLs, the SIR for the 2025-2027
herring specifications concluded the impacts of the proposed action on
herring fishery-related businesses and communities would likely remain
negative. Despite moderate ACL increases, the proposed action would
continue the period of substantially reduced catch limits implemented
in 2019. The low ACL and corresponding sub-ACLs would likely lead to
continued low fishing effort, which could have negative social and
economic impacts in fishing communities and for stakeholders directly
or indirectly reliant on the herring fishery. Users of fresh herring as
bait may need to switch to an alternative supply (e.g., frozen herring
bait or menhaden). Additionally, the proposed action could prevent
larger vessels from participating in the fishery altogether, resulting
in a potential loss of jobs for crew and adverse community impacts
(e.g., reduced spending on ice, fuel, cold storage, other supplies).
For the 2025-2027 river herring and shad catch caps, the proposed
action would maintain the values, gears, and areas for the catch caps
that were originally implemented in 2016. There is no significant
alternative to the proposed action to accomplish the objectives of
applicable statutes and minimize any significant economic impact on
small entities.
NMFS has determined that this proposed action would not have a
substantial direct effect on one or more Indian Tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes; therefore, consultation with Tribal
officials under E.O. 13175 is not required, and the requirements of
sections (5)(b) and (5)(c) of E.O. 13175 also do not apply. A Tribal
summary impact statement under section (5)(b)(2)(B) and section
(5)(c)(2)(B) of E.O. 13175 is not required and has not been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: June 23, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.201, revise paragraphs (g)(2) and (h) to read as
follows:
Sec. 648.201 AMs and harvest controls.
* * * * *
(g)(2). No unharvested catch will be carried over and added to any
management area sub-ACL for the 2025 and 2026 fishing years.
(h) If NMFS determines that the New Brunswick weir fishery landed
less than 2,600 mt of herring through October 1, NMFS will subtract
1,000 mt from management uncertainty and reallocate that 1,000 mt to
the ACL and Area 1A sub-ACL. NMFS will notify the Council of this
adjustment and publish the adjustment in the Federal Register.
[FR Doc. 2025-11711 Filed 6-24-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 25, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.